Normally a driver, suspected of driving under the influence, can refuse to take a breath or alcohol test. Now, with technology, getting a search warrant immediately for breath and blood tests is possible if a suspect refuses.

“If they say no, we mail of an affidavit to the DPS,” Capt. Hampton says. “Then we draft up a search warrant.”

They email the warrant to a judge.

“If they feel that probable cause exists, they put an electronic signature on it and send it right back to us,” Capt. Hampton says.

Then the suspect is taken to a medical facility for the test.

Some say this goes too far.

Charles Sifers, Attorney at Law says, “Where then do you go beyond the lines of protecting the public and threaten the protection of the individuals.”

Sifers says “no refusal” goes against state laws.

“We have a statute titled 47 sections 7-5-3. It allows us to refuse a chemical test if we’re placed under arrest for DUI,” Sifers says. “If they refuse the test; and this is a quote, ‘none shall be given except where there is a car wreck where someone is killed or with great bodily injury.’”

Hampton says Sifers is only talking about one side of the law.

“We’re dealing with two different portions of law. One applies to administrative actions and one applies to criminals,” Hamptons says.

Capt. Hampton says under the criminal side they can get these warrants. He hopes it will lead to more convictions.